Kennedy’s junk science puts Tylenol — and Trump — on Trial

The ripple effects of junk science are fueling new legal actions across the country. Texas Attorney General Ken Paxton announced a lawsuit on behalf of his state, accusing Tylenol makers of hiding a supposed link between the drug and autism — a claim widely debunked. Paxton’s complaint echoes the same disproven theories recently espoused by Department of Health and Human Services Secretary Robert F. Kennedy Jr., now being revived elsewhere in the courts. This latest legal action and Kennedy’s deep ties to the personal injury bar aren’t only undermining President Trump’s agenda — they’re putting it squarely on trial nationwide. The extreme claims about Tylenol will take center stage this month in New York, on the heels of news that Kimberly-Clark will purchase Kenvue, which manufactures Tylenol. Lawyers there are appealing in Second Circuit Court of Appeals to resurrect litigation that had been previously thrown out due to a lack of credible evidence. President Trump has campaigned twice on a platform of “draining the swamp” in Washington. However, few people know that his HHS Secretary maintains a personal financial stake in the junk science on vaccines that he is promoting. Kennedy’s financial disclosures show decades of financial benefit from working with and for some of the nation’s largest and best-known personal injury firms. Thrilled to have an ally in the White House cabinet, plaintiffs’ lawyers cheered his appointment. One of the firms cheering Kennedy on loudest is leading the litigation against Tylenol nationally. Keller Postman is representing Texas in its lawsuit. Paxton, who is running in a Republican U.S. Senate primary against legal reform advocate Sen. John Cornyn (R-Texas), used Trump’s own slogan to justify a case built on junk science, saying his lawsuit “will help Make America Healthy Again.” The paper trail shows the true motives behind Kennedy’s questionable claims about a causal link between Tylenol and autism. According to his Senate confirmation testimony and financial disclosures, he still earns contingency fees from his prior work for Wisner Baum, a Los Angeles-based personal injury firm currently suing pharmaceutical companies. Since 2022, he has made about $2.5 million from his arrangement with the law firm, pocketing $850,000 in 2024 alone. Kennedy is experienced in using outrageous statements and junk science to fuel lawsuits. His nonprofit, Children’s Health Defense, is a reliable ally of personal injury firms and closely aligned with the personal injury bar’s litigation efforts. We expect “gold standard” science to guide policymaking at HHS, but Kennedy’s embrace of junk science undermines that principle. The public statements linking prenatal acetaminophen use to autism are based on faulty evidence and will negatively affect public health. For decades, my organization has monitored personal injury lawyer advertisements and their inaccurate and untested health claims. We know when people see these ads, they are reluctant to fill a prescription, finish a prescription, or seek treatment. Now this level of misinformation is coming directly from the Health Secretary, someone Americans expect to be able to trust to provide trustworthy public health guidance. The Kennedy’s embrace of misinformation and his long-held vaccine skepticism have already fueled infectious disease outbreaks in pockets across the country. This year, reported measles cases reached the highest level since the disease was declared to be eradicated in the U.S. in 2000. The campaign against Tylenol is the latest in Kennedy’s assault on science and will continue to erode trust in our nation’s health institutions, effective and safe over-the-counter medications, and vaccines. Kennedy’s actions as HHS Secretary thus far have shown a continued allegiance to the trial bar’s “sue first, ask questions later” agenda rather than the agenda of the president he serves. His actions also undermine the prestige of his office and the health of the millions of Americans he was appointed to serve. Kennedy’s ties to trial lawyers should alarm not only the public but also Trump, an advocate for commonsense legal reform. Trump has been frustrated by the judiciary second-guessing his policy decisions. Now, as evidenced by the Texas lawsuit, Kennedy is setting Trump up for more court battles, putting the MAHA agenda on trial. We expect our health leaders to advocate for science-based standards. Instead, Kennedy has cleared a pathway for trial lawyers to appeal previously dismissed cases based on the junk science to which he gives a platform. After he has completed his time in public service, we can expect Kennedy to return to his previous work — because he has set the stage for it to become an even more lucrative business. Tiger Joyce is president of the American Tort Reform Association.